(a) Terminology. The terms “disclosure” and “discovery” are used in this Rule and other discovery Rules interchangeably. For purposes of this Rule, “disclosure” is the broader term that refers generally to information turned over to another party, whether voluntarily through informal means or pursuant to a request. “Discovery” refers more narrowly to information that must be turned over pursuant to a formal request. Neither term is intended to narrow what this Rule or other law requires to be disclosed.

(b) Informal. Before any party may seek discovery under these Rules, the parties or their respective attorneys shall make a good faith effort to resolve all questions of discovery, and to provide information required or requested under these Rules as to which there is no dispute. When there are items requested by one party that the other party has refused to disclose, the demanding party may make an appropriate motion to the court. The motion shall be made as early as practicable prior to the next hearing and shall state, if true, that good faith efforts were made to resolve the dispute and that those efforts have been unsuccessful. Nothing in this Rule shall delay the disclosure of any items agreed upon by the parties pending resolution of any motion for discovery.

(c) Court Order. Upon a motion filed pursuant to section (b), the court may order a party to disclose and make available for inspection, photographing, or other copying any material or information within the possession or control of the party that (1) was requested but not disclosed, (2) is not precluded by this Rule or other law from disclosure, (3) is relevant to the allegations in the petition or to the adjudication or disposition of the action, and (4) in the interest of justice ought to be disclosed.

Committee note: See Code, Human Services Article, §§ 1-202 through 1-212, limiting the disclosure of certain records of social service agencies regarding children, and 79 Op. Atty. General 331 (1994), concluding that those statutes, as then codified, and federal law “require that an order mandating discovery in a CINA case be by a specific court order issued upon consideration of the particular circumstances of the case, rather than by a general rule.” The intent of section (c) of this Rule is to permit the court to enter such an order specific to the case.

(d) Continuing Duty to Disclose. If, prior to or during a hearing, a party discovers (1) additional evidence or material previously requested or ordered to be disclosed by it that is subject to discovery or inspection under this Rule, or (2) the identity of an additional witness or witnesses, the party promptly shall notify the opposing party or the court of the additional evidence, material, or witness.

(e) Sanctions. If at any time during the proceedings the court finds that a party has failed to comply with this Rule or an order issued pursuant to this Rule, the court, consistent with the best interest of the child, may:

(g) Work Product. Disclosure of legal research or of records, correspondence, reports, or memoranda shall not be required to the extent that they contain the opinions, theories, or conclusions of the attorney for a party, or members of the attorney's staff.

(h) Intervenors. If intervention has been allowed pursuant to Rule 11-215, the court may enter orders pertaining to disclosure to and from the intervenor as justice may require.

Source: This Rule is new.